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The Special School Residential Services (Service Providers and Responsible Individuals) (Wales) Regulations 2024

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Duty to appoint a manager

58.—(1) The responsible individual must appoint a person to manage the service. But this requirement does not apply if the conditions in paragraph (2) or (3) apply.

(2) The conditions are—

(a)the service provider is an individual,

(b)the service provider proposes to manage the service,

(c)the service provider is fit to manage the service,

(d)the service provider is registered as a social care manager with the workforce regulator, and

(e)the service regulator agrees to the service provider managing the service.

(3) The conditions are—

(a)the service provider is a partnership, body corporate or unincorporated body,

(b)the service provider is registered to provide a care home service, residential family centre service or special school residential service at no more than two places or is registered to provide a domiciliary support service in relation to no more than two places,

(c)the service provider proposes that the person designated as the responsible individual for the service is to be appointed to manage the service,

(d)that person is fit to manage the service,

(e)that person is registered as a social care manager with the workforce regulator, and

(f)the service regulator agrees to that person managing the service.

(4) For the purposes of paragraph (2)(c), the service provider is not fit to manage the service unless the requirements of regulation 31(2) (fitness of staff) are met in respect of the service provider.

(5) The duty in paragraph (1) is not discharged if the person appointed to manage the service is absent for a period of more than three months.

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